Department of Homeland Security Issues Guidance on Exemptions to Travel Bans

By: BrownWinick | 08.24.2020

  The Department of Homeland Security has issued guidance on exemptions to travel bans, specifically detailing exemptions to Presidential Proclamations 10014 and 10052, which together suspend the entry of certain immigrant visa applicants, and foreign nationals who present a risk to the U.S. economic recovery efforts in the wake of COVID-19, until December 31, 2020 Read…

Court Reaffirms Employees Complaining about Sexual Harassment Must Prove They Were Actually Offended

By: Michael Dee | 07.15.2020

  The Eighth Circuit Court of Appeals, which covers Iowa and other Midwestern states, recently affirmed the dismissal of a sexual harassment lawsuit because the plaintiff could not establish she was actually offended by the alleged harassing conduct.  Although this requirement seems like common sense – that a complaining employee must actually be offended by Read…

BrownWinick Wins Ruling Resulting in Substantial Impact on the Livestock Production Industry

By: BrownWinick | 07.08.2020

On July 6, BrownWinick attorney, Danielle Smid, and Texas attorney, Shawn Twing, obtained a ruling with potential for broad impact on the livestock production industry. In the United States District Court for the Northern District of Iowa, the Court held that an Animal Care Auditor for a swine production system was an agricultural employee and, Read…

SCOTUS Rules Gay and Transgender Employees Protected by Title VII

By: BrownWinick | 06.23.2020

  In a highly anticipated decision, the United States Supreme Court declared that employment discrimination on the basis of sexual orientation and gender identity is prohibited by Title VII of the Civil Rights Act of 1964 (the “Act”). The decision was handed down in the consolidated case Bostock v. Clayton County, Georgia on Monday, June Read…

Paycheck Protection Program Flexibility Act of 2020 Becomes Law, Easing Restrictions on Loan Forgiveness

By: BrownWinick | 06.05.2020

  Today, President Trump signed H.R. 7010, the Paycheck Protection Program Flexibility Act of 2020 (“PPPFA”). The new law amends provisions of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) specifically related to forgiveness of the loans under the Paycheck Protection Program (“PPP”). The legislation saw overwhelming bipartisan support, passing by a vote Read…

DOL Issues Final Rule On Retail or Service Establishment Commissioned Sales Exemption

By: Megan Erickson Moritz | 05.28.2020

  The United States Department of Labor issued a final rule to simplify application of the commissioned sales exemption from the Fair Labor Standards Act (“FLSA”). Under that exemption, an employee may be treated as exempt from the FLSA overtime requirement if:  (1) the employee works in a “retail or service” establishment, (2) earns a Read…

Returning Employees to the Workplace? We’ve Got You Covered.

By: BrownWinick |

  Eight members of our Employment Practice Group have prepared a “Return to Work Playbook” to assist employers in returning employees to the workplace during this unusual and unprecedented time. The people contributing to this effort include Beth Coonan, Megan Moritz, Danielle Smid, Caitlin Klingenberg, Tess Pocock, and Ryan Shellady. The “Return to Work Playbook” Read…

Training During Downtime – Ways to Connect, Engage, and Develop Your Workforce

By: BrownWinick | 05.06.2020

  With decreased business, employers have some supervisors and employees with extra time. This would be an excellent time to catch supervisors and employees up on important workplace training. While training sessions are usually conducted in person, all meetings – personal and professional – are now being handled virtually. One of the key issues with Read…

COVID-19 As We Enter May: What Should Employers Be Thinking About?

By: Megan Erickson Moritz | 05.04.2020

  While legal considerations will vary by business priorities, practicalities, and industry, we have seen several recurring topics on employers’ minds as we begin a new month in this coronavirus pandemic. Below, I’ve outlined a quick list of topics to make sure your company is on top of: Leave requirements under Families First Coronavirus Response Read…

E-Verify COVID-19 Accommodation: New Temporary Rule for I-9 Compliance

By: BrownWinick | 05.02.2020

  On May 1, 2020, the federal Department of Homeland Security (DHS) announced that expiring list B documents used for the purpose of validating an employee’s eligibility to work in the United States may be treated as if the employee provided a valid receipt for the document for I-9 purposes. DHS reasoned that, “Because many Read…